Justice Department and FBI officials are reportedly discussing whether to charge anyone who stormed the Capitol on Jan.6, with some arguing that no charges should be brought for those not guilty of violent conduct.
The Washington Post reported on the internal deliberations on Saturday, naming several people familiar with the discussions. The Post added that discussions on such a decision are in the early stages and that no formal position is being taken on the matter.
The sources, who spoke on condition of anonymity to freely discuss legal deliberations, told the Post that some federal officials pointed to logistical concerns about the cases flooding the local courthouse. Authorities estimate that about 800 people stormed the Capitol in the deadly pro-Trump riot.
Individuals have been arrested in multiple states in connection with the attack, but every case is being prosecuted by the US Attorney’s Office for the District of Columbia.
As of Saturday, the Justice Department has already charged more than 135 people with committing crimes on or around the Capitol grounds, and more charges are expected in the coming weeks and months.
Some federal officials have also proposed internally that those individuals who were known to have only entered unlawfully and did not engage in violent behavior should not be charged, according to the paper.
However, other officials have pushed back against this proposal, arguing that it is important to use the indictment to signal that similar actions will not be tolerated in the future.
The sources told the Post that they are sensitive to the fact that the credibility of the Justice Department and the FBI could be called into question with such a decision.
Justice Department spokesman Marc Raimondi said in an email to the Post, “The Justice Department has made an absolute decision to hold accountable anyone who is deliberately involved in criminal acts in the Capitol.”
“We have consistently made it clear that we will follow the facts and evidence and sue individuals accordingly,” Raimondi added. “We remain confident that the US District Court for Washington, DC can properly deal with the role related to any ensuing charges.”
The Hill has reached out to the Justice Department and the FBI for further comment.
Trump supporters stormed the Capitol on January 6 after the former president encouraged a crowd in the National Mall to march to the Capitol and demand that Congress stop certifying President Biden’s Electoral College victory.
At the time, Congress was discussing an objection to the election results in the state of Arizona.
Trump has repeated a false claim in the past that the elections were ‘stolen’ from him and that the elections were ‘faked’.
Five people died amid the chaos, including a Capitol Police officer who was injured in response to the riot, as well as a woman who was shot by a plainclothes officer.